(OR: Who say immigration when I say immigration?)

Since President,  O B Wand,  says he has  the right to not enforce the laws of immigration, naturalization and  deportation;  and since this same man makes his own law on  immigration and deportation; and since it is all a  bit confusing,  it is time to look to the law . We must understand where the power has been given and where it resides.

In short the law is found partly in the Constitution and partly in Statutes. The Constitution does not use the word “immigration”.  It uses the word “naturalization”.  Go to Article I, Section 8, part 4 for the exact wording.   Article 1, dealing with the most important body, the legislature, has a section 8, titled  “Powers Granted to Congress”.   In its  Part 4 we find the following;

“The Congress shall have power…to establish an

uniform rule of naturalization…throughout the United States.”(Sic)

This is the only time the Constitution refers to naturalization.  As said before, immigration is not mentioned in it  at all, any place.

The Constitution’s next Article (Art. 2)  explains the  Executive Department.   It begins by saying the Executive power shall be vested in a President.  Only in its Section 2 and 3 is there any attempt to mention specific powers and or duty of a President.   Section 2, part 1 grants him power to be Commander in Chief, power to demand chiefs of executive departments to report, power to grand reprieves and pardons for offenses against the U.S.  Also Section 2 grants him limited power to appoint folk.  The limitation is that he needs, the Senates consent.  Section 2, finally grants him limited power to fill vacancies.  That’s all Folks.

Section 3 of Article 2 gives him some administrative duties with the legislature, and ends up saying, “he shall take care that the laws be faithfully executed…etc.”  In other words, except for the very specialized powers stated he is simply the CEO (Chief Executive Officer.) His primary job is to enforce the laws created by the Legislature.   Nowhere is there any hint of a power to naturalize or immigrate any one.

Now you might ask, if the Constitution only uses the word “Naturalization”, where does ”Immigration” come in?  It arrives as a part and parcel of making a citizen.  To naturalize someone, that person must be admitted or otherwise blessed.  That makes common sense.  Congress has always made this interpretation. The Courts have always verified it.  Until Obama, all immigration legislation has come from Congress and has  been signed by a sitting President.  Amendment 14 (one of the three Congress submitted to the people as an amendment) begins by saying, “All persons born or naturalized in the United States …are citizens….”  Certainly this language recognizes just two ways to be a citizen.  You are either born here, or you are naturalized under law created by the power granted to Congress. .  There is no Presidential power here.

One might argue that FDR, when he threw American’s of Japanese heritage in concentration camps dabbled in immigration. He did this by executive order.  He did not because he did not attempt to deport them or otherwise immigrate them.   He followed Abraham Lincoln’s example.  Remember Good Ole Abe, made an executive order called the “Emancipation Proclamation”.  The latter was never tested in Court but was later verified by Congress in three separate amendments to wipe out slavery.  However Abe’s executive order was not about naturalization and immigration.  It simply outlawed slavery, a status.   Congress had to take care of their Citizenship.  Both FDR and Abe used their war powers as Commander in Chief in time of a declared war.  Obama has no such shelter.  He could care less.

There you have it. Naturalization is a power given to Congress.   Immigration is a natural part of Naturalization and has always been exercised by Congress.  Neither have ever been exercised by a President, before.  Now you know.              Wc 557

Rooster Bradford, gives up all rights to this article and seeks no compensation for its use.  2014.

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